Asylum and False Documents Marrige

S

SinghIsKinng

Registered Users (C)
Hello,
HELP PLEASE :mad:
I would like to express what happened to me so that you can assist me with legal advice.

First, I have asylum status at the moment, and my 1-485 is pending since september 2002. I saw the notice on the immigration website states that there was going to be more adjustments to asylee http://uscis.gov/graphics/lawsregs/NGWANYIA_5_10_05.pdf
However, I have not been able to see any update notice regarding this. How can I find out what happened?

Second, when I was applying for asylum, I included names of my wife . My wife and I had traditional marriage where no papers were signed. Having said that, I had to show a prove that she was my wife . I contacted my friend in the country where I came from, and my friend was able to send me marriage certificate and birth certificates for my wife ( I didn't bother to ask how he got them). Without hesitation, I submitted these documents to INS and pettition got approved.

When they went to the embassy for an interview, it was revealed that these documents were"false". Therefore, they sent the whole package back here USA for review. I got the letter from INS stating motion to re-open the case,(around 2003) and I was given to 30 days to respond with additional evidence ( I didn't have none). I was confused, and I didn't know what to do. I decided NOT to respond

After 30 days, I received a note from INS stating that my case has been denied. I contacted my wife regarding the matter and she said that she can NOT continue to be alone (it has been 11 years since I left the country)

To make the story short, here are my questions. Will INS take this as crime against me? How about if I go back to the country to have all documents with my wife ? By the way, If I choose to travel outside using US refugee travel document, will I be able to come back in this country, especially if I go back to see my wife ? Suppose, If pursue with divorce, will this give me legal problems?

I am sorry for asking too many question, but I will appreciate your legal advice.

Thanks
 
Last edited by a moderator:
Singh, if you are really serious in staying with this person, I would recommend you get married to her in a court. It doesn't have to be in your COP, you can go somewhere else. Even Europe where they allow you to get married. Once you come back, you have to register at your wife's country.

Then hire a good lawyer and try to explain why you obtained fake marriage certificate when you were really married to this person.

Once that mess is taken care of, you need to worry about your GC. Your RD is 2002 so I am thinking its lost somewhere because 2007 dates are being processed now.
 
SinghIsKinng said:
Hello,
HELP PLEASE :mad:
I would like to express what happened to me so that you can assist me with legal advice.

First, I have asylum status at the moment, and my 1-485 is pending since september 2002. I saw the notice on the immigration website states that there was going to be more adjustments to asylee http://uscis.gov/graphics/lawsregs/NGWANYIA_5_10_05.pdf
However, I have not been able to see any update notice regarding this. How can I find out what happened?

Second, when I was applying for asylum, I included names of my wife . My wife and I had traditional marriage where no papers were signed. Having said that, I had to show a prove that she was my wife . I contacted my friend in the country where I came from, and my friend was able to send me marriage certificate and birth certificates for my wife ( I didn't bother to ask how he got them). Without hesitation, I submitted these documents to INS and pettition got approved.

When they went to the embassy for an interview, it was revealed that these documents were"false". Therefore, they sent the whole package back here USA for review. I got the letter from INS stating motion to re-open the case,(around 2003) and I was given to 30 days to respond with additional evidence ( I didn't have none). I was confused, and I didn't know what to do. I decided NOT to respond

After 30 days, I received a note from INS stating that my case has been denied. I contacted my wife regarding the matter and she said that she can NOT continue to be alone (it has been 11 years since I left the country)

To make the story short, here are my questions. Will INS take this as crime against me? How about if I go back to the country to have all documents with my wife ? By the way, If I choose to travel outside using US refugee travel document, will I be able to come back in this country, especially if I go back to see my wife ? Suppose, If pursue with divorce, will this give me legal problems?

I am sorry for asking too many question, but I will appreciate your legal advice.

Thanks
Click to expand...

Mr. your post is somewhat confusing; however, this is my understanding of your concerns.

First; since your wife's case was denied based on false document is it going to affect you? I have seen many refugees and asylees whose cases regarding their family overseas where denied one way or another and had no problem. Remember, USCIS is selective. If they want to make an issue at it, they have the authority to do so; however, they don't pursue in most cases. Once the benefit is denied, they don't follow up with crimimal investigation unless they really want to have you out of the country. As you claim if you have put your wife's name in your original asylum claim, you have good claim, but the problem was the document. It would have been nice if you had made sure that you got the right document. Remember, USCIS always checks any document with local authorities. So if local authorities do not have any record of your documents, they normally report it fake and uscis deny the benifits.
Second, if you divorce you will have no problem with USCIS. Divorce is cool with the USCIS. As far travelling to your country and returning goes, nobody on this earth can tell you anything about it. It is risky and you will have pursue it at your own rist and perils and report to us of your experience...good luck
 
.
SinghIsKinng said:
Hello,
HELP PLEASE :mad:
I would like to express what happened to me so that you can assist me with legal advice.

First, I have asylum status at the moment, and my 1-485 is pending since september 2002. I saw the notice on the immigration website states that there was going to be more adjustments to asylee http://uscis.gov/graphics/lawsregs/NGWANYIA_5_10_05.pdf
However, I have not been able to see any update notice regarding this. How can I find out what happened?

Second, when I was applying for asylum, I included names of my wife . My wife and I had traditional marriage where no papers were signed. Having said that, I had to show a prove that she was my wife . I contacted my friend in the country where I came from, and my friend was able to send me marriage certificate and birth certificates for my wife ( I didn't bother to ask how he got them). Without hesitation, I submitted these documents to INS and pettition got approved.

When they went to the embassy for an interview, it was revealed that these documents were"false". Therefore, they sent the whole package back here USA for review. I got the letter from INS stating motion to re-open the case,(around 2003) and I was given to 30 days to respond with additional evidence ( I didn't have none). I was confused, and I didn't know what to do. I decided NOT to respond

After 30 days, I received a note from INS stating that my case has been denied. I contacted my wife regarding the matter and she said that she can NOT continue to be alone (it has been 11 years since I left the country)

To make the story short, here are my questions. Will INS take this as crime against me? How about if I go back to the country to have all documents with my wife ? By the way, If I choose to travel outside using US refugee travel document, will I be able to come back in this country, especially if I go back to see my wife ? Suppose, If pursue with divorce, will this give me legal problems?

I am sorry for asking too many question, but I will appreciate your legal advice.

Thanks
Click to expand...

There has been alot of fraud that has made USCIS really sensitive specially after 9/11. I have heard there are cases that brother brings sister as a wife or sister brings brother as a husband with fake documents.In your case even though she is your wife, once fraud is detected, your claim will be baseless to USCIS.
I have heard that they are working on some kind of DNA test at the embassy and consulates out of US to check the genuenity of relationship betwen applicant with blood related beneficiaries, saying this that DNA test might help you to prove that you are child's father but you still will need marriage certificate to support your wife's approval and she beeing your child mother does not nessecerly proves you are married to her and just out of curiousity why you could not provide your real marriage certificate? If you can get the real one it might still help you if the fake certificate has been sent to you, Simply just claim whoever sent it to you did the mistake or wanted to hurt you and something in this nature because over all, USCIS is about convincing them but again if you can get the the real certificate.As far as your case is concerned there is nothing they can do after your approval unless they find fraud on you claim or if there is changes on COP or your circumstances, but you might have a hard time in the future because everything will stay in your file and with any benefith you might seek, your A-file will be reviewed before any decision made by USCIS.
It's a tough situation and I hope it works out in your favour.
 
Last edited by a moderator:
Please check if you can get it re-opened. I have done it by myself and I have seen people getting approvals after getting these initial denials. USCIS can re-approve her case and she can be over here if you could convince USCIS about your REAL innocence.

If you are from India, then I am aware about the f*****g corrupt system out there, people end up contacting agents, which most of the time get their jobs done for some money. Sometimes agents work nicely and sometimes they do these bullshits. If this is what happened, then you can get an affidavit from your friend indicating the facts and your innocence. You can get letter/certificate from Sikh Gurudwara Sahib where your marriage was solemnized.

You can get your marriage registered now and you can get her real DOB registered under some (Legal) late entry system out there. As far as I am aware, getting your DOB registered prior to 1981 was not compulsory in India, hence! Indian Govt has started this late entry system for the applicants who were born prior to 1981.

Did US Consulate officials in your COP go to the concerned Government authorities to do the investigation?

Sometimes US officials investigate I-730 cases very thoroughly, they go to your and your spouse's residences, they ask questions about your marriage to the neighbors/ people living around your homes/ shop-owners etc, they go to your respective schools/they ask questions to the village Sarpanches/ Municipal commissioners etc. So how thorough was this investigation.

Was this case denied only because of birth and marriage certificate issues OR because of other reasons as well? if there were other reasons! Then please explain.

Want's advice about getting court marriage in a third country is great which can not be challenged.

I am aware about one case where one Temple priest issued a document indicating marriage ceremony and he passed away a year afterwards. The next Temple priest had no idea about the previous ceremony and there was no any computer database to support so during investigation, he verbally told the officials that this marriage didn’t happen at all. Well! I-730 was denied but this guy’s family requested the priest to go through the old dust filled paper heaps. The new priest finally issued a letter indicating earlier US investigation and his findings afterwards. I-730 was re-opened and re-approved.

Or apply for canadian Immigration and let her live next door untill she get her US visa.

Good Luck.
 
You must log in or register to reply here.
Top